Cape Town - Suspended Public Protector Busisiwe Mkhwebane has sent her second written application for the recusal of Section 194 Committee chairperson Qubudile Dyantyi and his removal from the committee.
Mkhwebane’s advocate, Senior Counsel Dali Mpofu said the seven grounds stated for the recusal were mainly based on two recorded meetings between her husband, David Skosana, and the late ANC MP and Section 194 Committee member, Tina Joemat-Pettersson.
Mpofu said, irrespective of the allegations directed at Dyantyi himself, the mere fact that they emanated from Joemat-Pettersson who was a member of the committee “should be sufficient cause for concern and aggravation for the Committee”.
Last Friday, Dyantyi said he had received the application and written to Mkhwebane’s attorneys and that he would respond to the application in writing by Friday.
Meanwhile, he said the committee was awaiting the summation of evidence from the evidence leaders.
Mpofu said the grounds for the recusal would be more fully elaborated upon during the proposed oral presentation of the application.
However, no date was given for this event.
The recusal application also raises the question of a replacement for Joemat-Pettersson as a committee member.
Mpofu said Mkhwebane wanted a clear articulation of the method and procedure, if any, by which the late Joemat-Pettersson and/or Dyantyi will be replaced as committee members, if necessary.
“This application would not have been necessary had the chairperson heeded the request to voluntarily recuse himself.
“However, because of his remissness, it is regrettable that the limited resources and time that Dyantyi always refers to have been wasted. The public protector did everything in her power to avoid this wasteful exercise, all to no avail.”
Mkhwebane provides seven reasons why she believes Dyantyi should be removed as the chairperson of the Section 194 inquiry.
These include an allegation that Dyantyi made “disparaging media statements'' about the impeachment process and Mkhwebane in the media which “indicate that he is pursuing a predetermined outcome”.
Other reasons listed are that the committee and chairperson are proceeding despite Mkhwebane’s lack of legal representation.
mwangi.githahu@inl.co.za